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March 26, 20264 citations

Limits of Jurisdiction and Admissibility Requirements in the ICSID System under the 1965 Washington Convention

DBDmitry Semenovich Belkin

Key Points

  • The article aims to clarify jurisdiction limits and admissibility requirements within the ICSID framework under the 1965 Washington Convention.
  • Examined legal nature of parties' consent in ICSID claims
  • Analyzed relationship between ICSID's jurisdiction and tribunal powers
  • Synthesized approaches to procedural objections regarding consent and competing fora
  • Highlighted distinctions between jurisdiction and admissibility
  • Emphasized the importance of clear access criteria for legal stability
  • Discussed implications for predictability in decision-making processes

Abstract

The article examines the limits of the jurisdiction of the International Centre for Settlement of Investment Disputes and the admissibility requirements for bringing claims under procedures based on the 1965 Washington Convention, with particular attention to the legal nature of the parties’ consent, the relationship between ICSID’s institutional jurisdiction and the tribunal’s powers, and the doctrinal and practical distinction between jurisdiction and admissibility; it synthesizes typical approaches to procedural objections concerning temporal limits of consent, competing fora, and pre-arbitral settlement steps, and emphasizes the importance of legally certain access criteria for the stability of protection and the predictability of decision-making.

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Cite This Study

Dmitry Semenovich Belkin (2018) studied this question.

synapsesocial.com/papers/69c4cc02fdc3bde448917510https://doi.org/10.64457/ru-science-2018-i01-a03
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